Most lawyers are familiar with the doctrine of unclean hands, which prevents a party from obtaining equitable relief when that party has engaged in wrongful conduct. The North Carolina Court of Appeals recently decided a case involving a very different kind of unclean hands. In this case, the witnesses’ hands were literally dirty, and that seemingly minor fact ultimately resulted in an invalid will.

In In re Revised Will of Greenamyer, the North Carolina Court of Appeals considered whether a will was valid where two witnesses authorized the notary to sign their names because their hands were dirty from working as automobile mechanics. The court held that North Carolina’s will execution statute requires attesting witnesses to personally sign the will and does not permit them to adopt signatures written entirely by a third party.

In Greenamyer, the testator executed a revised will in the presence of two witnesses. The problem arose because the witnesses were automobile mechanics whose hands were reportedly dirty at the time of the execution ceremony. Rather than signing the will themselves, they asked a third person, who was also serving as the notary, to sign their names on the will. There was no dispute that the witnesses were present and directed the notary to sign on their behalf. Nevertheless, the witnesses never physically participated in the act of signing.

The Court of Appeals held that this was not sufficient to satisfy North Carolina’s will execution statute, N.C.G.S. § 31-3.3. The court noted that the statute expressly allows a testator to have another person sign on the testator’s behalf under certain circumstances. However, the statute contains no comparable provision allowing attesting witnesses to have a third party sign for them. Applying principles of statutory construction, the court concluded that the omission by the General Assembly was intentional and that witnesses must personally sign the will. As a result, the purported will was declared invalid.

The facts of the case are unusual, but the lesson is not. Courts routinely describe will execution requirements as formalities, but those formalities exist for important reasons. They help prevent fraud, ensure that witnesses are actually present, and provide reliable evidence that the will was properly executed. When those requirements are not followed, courts often have little choice but to invalidate the document.

For estate planning lawyers, the takeaway is straightforward. Never treat a will execution ceremony as a casual administrative task. Follow the statutory requirements carefully every time. Use a consistent execution procedure. Make sure that witnesses personally sign the will in the presence of the testator. Ensure that the testator signs in the presence of the witnesses. Avoid shortcuts, even when they seem harmless or convenient. A few extra minutes spent ensuring compliance can prevent years of litigation and a possible malpractice claim.